RECEIVED NOVEMBER 19, 2008 @ 11:30 A.M.
Kerry Miserendino, Redding Asst. Town Clerk
TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
NOVEMBER 18, 2008—8:00 P.M.
TOWN HALL HEARING ROOM
Present:
Philip Bronson, Chairman
Colleen Litoff
Robert Morton
Beth Williams
Alternates: Henry Polio, Paul Scholl
The meeting was called to order at 8:00 p.m.
REGULAR APPLICATIONS:
0508-1: 40 Lonetown Road, Gregorio Pools and Spas, Agent—Request variance for Sec. 4.6.5b, reduce side yard setback from 40 feet to 38.5 feet, and Sec. 4.6.5c, reduce rear yard setback from 50 feet to 48.2 feet.
Jonathan DeMicheil, Gregorio Pools and Spas, presented the application, originally presented in April, denied without prejudice, and then denied in May. In review, the 45’ X 25” barn needed to be relocated to install a pool, and when the foundation was measured for its new location, the measurements were taken from the center of the driveway, when it should have been measured from closer to the edge of the driveway. The barn is old and after being moved once, may not survive another move. Part of the documentation needed for this meeting was proof of possible historical significance of the barn through hearsay, which could affect the need for a variance. Although extensive research was done, sufficient evidence of historical value of the barn could not be found.
Mr. DeMicheil stated that his hardship was that when the barn was being constructed, one of the pins placed in the ground had been somehow moved and then replaced, but to an incorrect spot, causing the barn to be constructed in a slightly different area then proposed. He also stated that the structural integrity of the barn would be greatly compromised if a second move was attempted, as the first move resulted in some damage to it.
A letter was submitted from Deaana and Fred Klumpp, 42 Lonetown Road, indicating no concerns or issues with the location of the barn.
Mr. Bronson said that removal of the pin, while not intentional, was considered a self-inflicted hardship. A suggested land swap had been considered but was not desirable to the neighbor. There followed discussion as to cutting the corner off of the building or altering the overhang in order to reduce the setback violation.
Deliberative Session
The Board voted unanimously to enter Deliberative Session at 8:31 p.m.
0508-1: 40 Lonetown Road
After careful consideration, upon motion of Ms. Williams and second of Mr. Morton,, the Board voted to deny the requested variance for Sec 4.6.5( c), reduce rear setback from required 50 feet to 48.2 feet based on lack of hardship.
After careful consideration, upon motion of Ms. Williams and second of Mr. Morton,, the Board voted to deny the requested variance to Sec. 4.6.5(b) reduce side yard setback from required 40 feet to 38.5 feet, and Grant a variance to Sec 4.6.5(b) reduce side yard setback from 40 feet to 39 feet and 4 inches, based on topographical hardship with regard to an underground topographical issue.
The Board voted unanimously to exit Deliberative Session at 8:38 p.m.
The Board voted unanimously to adjourn at 8:38 p.m.
These minutes have not been approved by the ZBA.
Submitted by vak 11/19/2008
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